Pending Final Rule Would Enable the Issuance of L Visas Based on the Visa Reciprocity Schedule

01 Feb 2012

A new pending final rule published by the Department of State would permit the issuance of L visas with validity periods based on the visa reciprocity schedule. The current rule limits such visas to the petition validity period. The validity period, which is determined by USCIS, cannot exceed three years. Petitioners are allowed to apply to USCIS for extensions of validity in two year increments; the total period of stay, however, cannot exceed five years for immigrants employed in a special knowledge capacity or seven years for immigrants employed in a managerial or executive capacity.

The pending final rule would change regulations so that the L visa validity period would be based on schedules provided to consular offices by the Department of State. These schedules would “reflect the reciprocal treatment the applicant’s country accords U.S. nationals, U.S. permanent residents or aliens granted refugee status in the United States,” reports the Department of State. Nationals from countries for which the reciprocity schedule prescribes visa validity for a longer period of time that the initial validity period indicated in the petition that was approved by the Department of Homeland Security and who have extended their stay in the U.S. would benefit from the pending rule. They would not need to re-apply for an L visa at a U.S. Embassy or Consulate overseas if they travel outside the U.S. during the period specified in the relevant reciprocity schedule.